Legal Question in Sexual Harassment in Arizona
Determination letter from EEOC on sex discrim
I received a letter from EEOC saying that the bank I worked for policy for handling sex and other harrass was in violation of title VII. It makes no other determinations in the matter. My case involved a sex harrass by the EEOC offer at the Bank in which I worked. EEOC said it will contact in near future for conciliation matters.
Questions: What is conciliation matters and what happens at them? Do I have a case based on the letter and how do I pursue? Should I get an attorney?
1 Answer from Attorneys
Re: Determination letter from EEOC on sex discrim
When someone brings a harassment claim to the EEOC, the EEOC investigates the claim and decides whether or not it has merit. If the agency believes your claim has no merit, it will send you a letter telling you that the agency does not intend to pursue the claim. If the agency thinks there may be some merit to the claim, it will decide whether to prosecute the claim or attempt to settle the claim. In either case, the agency will assign a lawyer to assist you to resolve the issue. If you are still working for the employer, this may involve helping you get the employer to make changes in your working situation to end the harassment, and/or it may involve monitary recourse. Depending on the facts of the case and the evidence, the agency may suggest mediation, or it may want to litigate. Generally, the agency has reasons for selecting one path or the other, and if you're not sure why they've made a particular recommendation, just ask the person who contacts you.
You also asked about pursuing the claim on your own. You are free to consult a lawyer about bringing a private civil suit. The fact that EEOC is pursuing your claim does not stop you from pursuing a claim on your own. You may wish to talk to a lawyer to get a feel for the "value" of your case, and for the costs to you to pursue the case, and then make a decision about whether to hire a lawyer, or just work with the EEOC. I am a lawyer-mediator and I frequently mediate matters between employers and employees, including Title VII matters, and don't actually represent clients. However, if you need to find a lawyer, I can help you with a referral. Just drop me an e-mail, or give me a call.
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Can I get fired Can I be fired for being accused of sexual harassment? Asked 2/06/02, 3:32 am in United States Arizona Sexual Harassment Law